Finance Act 1984

81Disposals by non-residents etc. of assets used in connection with exploration and exploitation activities

(1)Section 38 of the [1973 c. 51.] Finance Act 1973 (territorial extension of charge to income tax, capital gains tax and corporation tax) shall be amended in accordance with this section.

(2)After subsection (3) there shall be inserted the following subsections:—

“(3A)Gains accruing on the disposal of—

(a)exploration or exploitation assets which are situated in a designated area, or

(b)unquoted shares deriving their value or the greater part of their value directly or indirectly from exploration or exploitation assets situated in the United Kingdom or a designated area or from such assets and exploration or exploitation rights taken together,

shall be treated for the purposes of the [1979 c. 14.] Capital Gains Tax Act 1979 as gains accruing on the disposal of assets situated in the United Kingdom.

(3B)For the purposes of this section, an asset disposed of is an exploration or exploitation asset if either—

(a)it is not a mobile asset and it is being or has at some time within the period of two years ending at the date of the disposal been used in connection with exploration or exploitation activities carried on in the United Kingdom or a designated area; or

(b)it is a mobile asset which, at some time within the period of two years ending at the date of the disposal, has been used in connection with exploration or exploitation activities so carried on and is dedicated to an oil field in which the person making the disposal, or a person connected with him within the meaning of section 533 of the Taxes Act, is or has been a participator ;

and expressions used in paragraphs (a) and (b) above have the same meaning as if those paragraphs were included in Part I of the [1975 c. 22.] Oil Taxation Act 1975.

(3C)In paragraph (b) of subsection (3A) above "unquoted shares" means shares other than those which are quoted on a recognised stock exchange (within the meaning of the Corporation Tax Acts); and references in subsections (4) and (5) below to exploration or exploitation assets include references to unquoted shares falling within that paragraph.”

(3)In subsection (4) (which, among other things, provides that certain gains are to be treated as gains accruing on the disposal of trade assets) after the words " such rights " there shall be inserted the words " or of exploration or exploitation assets ".

(4)In subsection (5) (inter-company disposals) after the word " rights " there shall be inserted the words " or exploration or exploitation assets ".

(5)This section has effect in relation to disposals on or after 13th March 1984.